HRM in Construction Grievance and Discipline Procedures Grievance

HRM in Construction Grievance and Discipline Procedures

Grievance Procedures Grievance procedures are used when employees raise concerns, problems or complaints with their employers. The same procedure is used regardless of whether the issue is minor or serious. A minor issue could be a member of staff not having holidays approved or workload issues. A serious issue could be bullying and harassment.

Disciplinary Procedures Disciplinary procedures are used in organisations when members of staff breach conduct rules. The same procedure is used regardless of whether the misconduct is minor or serious. Minor misconduct could include bad timekeeping, small errors in work activities or not following certain procedures Serious misconduct could include theft, fighting with colleagues or misuse of company property.

Legislation governing discipline and grievances at work currently includes • The most important UK legislation governing discipline and grievances at work currently includes the Employment Act 2008 and the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008. It should be noted that there is no statutory procedure for grievance or discipline • Following the ACAS Code of Practice is crucially important for employers. Although there is no legal requirement to follow the Code, an employment tribunal will consider whether the employer has followed the Code and, if they haven't, then the tribunal may adjust any awards made by up to 25% for unreasonable failure to comply.

Why have grievance & discipline procedures? • They provide individuals and organisations with a course of action if either party have a complaint which cannot be resolved through the normal communication channels. • They provide points of contact and timescales to resolve the issue • They try to resolve matters without recourse to an employment tribunal.

Handling grievances informally • Individuals should be encouraged to discuss ordinary, day-to-day issues informally with their line manager. This helps concerns to be heard and responded to as soon as possible. • Where this has been unsuccessful, or circumstances make this route inappropriate, employers should consider using mediation more information can be found in our guide for employers.

Handling grievances formally • Employees should be aware of the formal route open to them, including: – with whom to raise the complaint and appropriate sources of support – timescales within which the organisation will seek to deal with the complaint – details of the stages of the grievance procedure, for example, how a complaint may be raised with the next level of management if a satisfactory resolution is not reached. – An employee should be given the right to be accompanied to grievance hearings by a colleague or trade union representative as explained above. – record keeping is important and the ACAS Code should be followed.

Formal Grievance Procedure – extract from the ACAS Guide

Handling discipline informally • Cases of minor misconduct or unsatisfactory performance are usually best dealt with informally. A quiet word is often all that is required to improve an employee’s conduct or performance. In some cases additional training, coaching and advice may be what is needed.

Handling discipline formally • First stage of formal procedure • This will normally be either: • • an improvement note for unsatisfactory performance if performance does not meet acceptable standards. • • a first warning for misconduct if conduct does not meet acceptable standards. A record of the warning will be kept, but it will be disregarded for disciplinary purposes after a specified period (eg, six months). • Dismissal or other sanction • If there is still further misconduct or failure to improve performance the final step in the procedure may be dismissal or some other action short

Handling discipline formally • Final written warning • If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. A copy of this written warning will be kept by the supervisor but will be disregarded for disciplinary purposes after a specified period (for example, one year) subject to achieving and sustaining satisfactory conduct or performance. • Dismissal or other sanction • If there is still further misconduct or failure to improve performance the final step in the procedure may be dismissal or some other action short of dismissal.

Formal Disciplinary process- extract from ACAS Guide

But what if the issue affects more than one person? Where the management of an organisation have done something that more than one person is aggrieved about it is usually dealt with in a collective manner.

Legal Framework and Institutions

What happens if we don’t reach agreement? • If your internal grievance and disciplinary procedures (including any appeals) do not result in an agreement, and the issue remains unresolved, it may be necessary to involve other institutions. • These institutions have various roles including, enforcing the law, exploring the issues, provision of clarification and imposing decisions.

Institutions • The Advisory, Conciliation and Arbitration Service – was established to provide an alternative to litigation for the resolution of disputes. It has a general duty of improving industrial relations and provides advice and individual and collective conciliation and arbitration services. – http: //www. youtube. com/watch? v=oo_4 BGFh. D-o

Institutions • Equality and Human Rights Commission – Enforcing the law; Influencing the development of the law and government policy; Promoting good practice; Campaigns, events and communications; Fostering better relations, Developing understanding and evidence – http: //www. youtube. com/watch? v=d. C 15 z. Kdha. F 4

Institutions • Employment tribunals – labour courts which sit at the base of the court hierarchy. They are specialist bodies whose decisions can be appealed against, on points of law, to the Employment Appeal Tribunal. – http: //www. youtube. com/watch? v=zi. Rm. E 9 Ll. Lh. Q&li st=TLKt. KO 4 Lc. Ga. O 73 Owh. Ve. VEAwugs 8 up. T_Lj. W – http: //www. youtube. com/watch? v=oy. Qkvdju 0 c 8

Employment Law current common law and statutory rules in relation to dismissal

Overview • to outline the differences between constructive and unfair dismissal • to analyse the concepts of termination; – Notice periods – Pay in lieu of notice – summary dismissal

Constructive dismissal • This is a unique form of frustration of a contract, when the employee is not at fault but the employer has acted in a manner which means that the contract can no longer be viable. • It is normally required that the employee has exhausted the grievance procedures of the organisation in the first instance. • If no agreement has been reached by this point, and the employee feels that the behaviour of the employer warrants it, they can resign and claim constructive dismissal. The employer needs to have created a significant and fundamental breach in the contract.

Constructive dismissal • This form of dismissal is actioned by an employee in reaction to an unresolved grievance.

Dismissal • A standard dismissal is when the employer actions the dismissal due to a major or repeated minor breach in discipline. • The employer can dismiss for a number of reasons other than conduct………. . What do you think they might be?

Potentially fair reasons for dismissal • • • Conduct Capability or qualifications Redundancy Statutory duty or restriction Some other substantial reason • The dismissal will only be seen as fair if it is for one of these reasons and the employer has acted reasonably in carrying out the dismissal

Reasonableness • Has the employer acted reasonably? • • Were ACAS codes of practice followed? Was ‘natural Justice’ achieved? Was the decision fair given the circumstances? Was everyone treated the same?

Notice periods • Employment Rights Act 1996 (section 86) details the notice periods to which employees are entitled. • Whatever your contract says, your employer must give you at least the statutory minimum period of notice, which depends on how long you've worked for them: – one week if you've been continuously employed for between one month and two years – one week for each complete year (up to a maximum of 12) if you've been continuously employed for two or more years • So, for example, if you've had six and a half years service, you will be entitled to six weeks notice. • When dismissed, you should be paid your notice, in normal circumstances.

Summary dismissal • Termination without notice – typically follows a finding of gross misconduct. Pepper v Webb (1969) Wilson v Racher (1974)

Other considerations • Pay in lieu of notice – lump sum paid rather than notice being worked and paid normally. • Garden leave – normal payment continues during the notice period but the employee is told not to report for duty • Summary dismissal – dismissal without notice • Remedies for non-payment of notice – payment for the notice which was unpaid (all wages payable), employee would be expected to mitigate for their loss of earnings (i. e. look for work)

Automatically fair & unfair dismissal • Automatically Unfair dismissal – If an employee is dismissed for any one of 16 reasons, they will have been automatically unfairly dismissed – There is no need for the two year qualifying period to be achieved. • Automatically fair dismissal – dismissal for an automatically fair reason i. e. National Security, unlawful strike action